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Volume 45 · 410

Public Law 70–324

Granting the consent of Congress to the States of South Dakota and Nebraska to construct, maintain, and operate a bridge across the Missouri River at or near Niobrara, Nebraska.

Approved April 6, 1928

Statutory text

An Act

Granting the consent of Congress to the States of South Dakota and Nebraska to construct, maintain, and operate a bridge across the Missouri River at or near Niobrara, Nebraska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the consent of Congress is hereby granted to the States of South Dakota and Nebraska to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, between a point at or near Niobrara, Knox County,

Construction.

Vol. 34, p. 84.

Nebraska, and a point opposite in the State of South Dakota, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters,” approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2.

There is hereby conferred upon the States of Nebraska and South Dakota all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, constructions operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor,

Condemnation proceedings.

to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property in such State.

Sec. 3.

The said States of South Dakota and Nebraska are hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the

Vol. 34, p. 85.

Secretary of War under the authority contained in the Act of March 23, 1906.

Sec. 4.

In fixing the rates of toll to be charged for the use of such bridge the same shall be so adjusted as to provide a fund sufficient to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, and to provide a sinking fund sufficient to amortize the cost, including interest, of such bridge and its approaches as soon as possible under reasonable charges, but within a period of not to exceed ten years from the completion thereof.

Maintenance as free bridge, etc., after amortizing costs.

After a sinking fund sufficient to pay the cost, including interest, of constructing the bridge and its approaches shall have been provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the bridge and its

Record of expenditures and receipts.

approaches. An accurate record of the cost of the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

Sec. 5.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, April 6, 1928.

Parsed from the official Statutes at Large USLM XML in 45.xml